Is Buildingstars required to protect or defend its copyrights?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
You must also promptly tell us when you learn about unauthorized use of this copyrighted material. BUILDINGSTARS is not obligated to take any action but will respond to this information in a manner we think is appropriate. We need not protect or defend copyrights, although we intend to do so if in the system's best interests. We may control any action we choose to bring, even if you voluntarily bring the matter to our attention. We need not participate in your defense and/or indemnify you for damages or expenses in a proceeding involving a copyright.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 28)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, Buildingstars is not obligated to protect or defend its copyrights. However, Buildingstars states that it intends to do so if it is in the best interest of the franchise system. Buildingstars retains control over any legal action it chooses to pursue, even if a franchisee brings the matter to their attention.
This means that as a Buildingstars franchisee, you cannot rely on Buildingstars to take legal action against copyright infringement, even if it affects your business. Buildingstars has the sole discretion to decide whether or not to pursue such actions. This is a potential risk for franchisees, as they may have to bear the burden of addressing copyright infringements themselves if Buildingstars chooses not to act.
Furthermore, Buildingstars is not required to participate in a franchisee's defense or provide indemnity for damages or expenses in any legal proceeding involving a copyright. Therefore, if a franchisee is involved in a copyright dispute, they will be solely responsible for their defense and any associated costs. This could create a significant financial burden for the franchisee.
While Buildingstars intends to protect its copyrights if it is in the system's best interest, the ultimate decision rests with Buildingstars. A prospective franchisee should consider this lack of obligation and the potential financial risks associated with copyright disputes when evaluating the Buildingstars franchise opportunity.